People v. Immanuel Flowers


AD2 order dated October 22, 2014, affirming judgment of conviction upon resentence after AD2 remittitur. Decision below: 121 A.D.3d 1014, 993 NYS2d 921. Pigott, J., granted leave May 14, 2015.
ISSUES PRESENTED: (1) Whether the “presumption of institutional vindictiveness” (People v. VanPelt, 76 N.Y.2d 156) in imposing a higher sentence after an appellate reversal, applies where AD2 sent the case back to the trial court for resentencing, where the court originally used improper factors at sentence, and the court then imposes the same sentence. (2) Whether counsel was ineffective for failing to object to the new sentence. (Assigned counsel: Seymour James, Jr., Legal Aid Society, Criminal Appeals Bureau, 199 Water St. NYC 10038.)